TINUBU DECLINES ASSENT TO TWO BILLS, CITES CONSTITUTIONAL DEFECTS
Read Time:2 Minute, 46 Second
By Aishat Momoh. O.
President Bola Tinubu has declined assent to two bills passed by the National Assembly, citing constitutional concerns and drafting defects that must be addressed before the proposed legislations can become law.
The Senate was formally notified of the President’s decision on Thursday through two separate letters read during plenary by Senate President Godswill Akpabio.
The affected legislations are the Raw Materials Research and Development Council (Amendment) Bill, 2026 and the Chartered Institute of Purchasing and Supply Management of Nigeria Bill.
In the letters, Tinubu said he was withholding assent pursuant to Section 58(4) of the 1999 Constitution (as amended), which empowers the President to decline assent to bills and return them to the National Assembly with observations for reconsideration.
Explaining his decision on the Raw Materials Research and Development Council (Amendment) Bill, the President said the proposed legislation contained structural and drafting inconsistencies that required correction.
According to him, the bill’s long title failed to adequately reflect its primary objective of promoting the development, protection and processing of Nigeria’s raw materials, while supporting local manufacturing and processing industries.
Tinubu also noted that Section 2 of the bill erroneously presented the council’s operational functions as legislative objectives, contrary to legislative drafting principles.
He further observed that provisions relating to value addition to raw materials were inserted between sections dealing with the council’s finances and annual accounts, making the amendment incoherent.
“These erroneous insertions make the Bill incoherent and difficult to comprehend within the context of the Principal Act. Accordingly, the Bill as currently proposed is disjointed,” the President stated.
Tinubu also withheld assent to the Chartered Institute of Purchasing and Supply Management of Nigeria Bill, saying some of its provisions sought to confer powers on the institute beyond its statutory mandate.
While acknowledging that several aspects of the proposed amendments were commendable, he said certain provisions required further legislative review before the bill could receive presidential approval.
The President specifically objected to proposed amendments empowering the institute to compel incorporated entities and organisations to notify it within one month of appointing heads of procurement and supply chain.
He argued that such a requirement was legally untenable because the institute is not the statutory regulator of those organisations.
“The Institute, not being the regulator, cannot force incorporated entities or organisations that are independent and perhaps not registered members of the Institute to furnish such particulars,” Tinubu said.
He also faulted provisions granting the institute powers to inspect organisations, sanction employers and enforce compliance on entities established under the Companies and Allied Matters Act, describing the proposed powers as exceeding the institute’s legal authority.
Despite withholding assent, the President indicated that the legislation could be reconsidered after the identified defects had been corrected.
“Subject to the correction of the above issues, the Bill may be suitable for retransmission for assent,” he stated.
Following the reading of the President’s letters, Senate President Akpabio referred both communications to the Senate Committee on Rules and Business for further legislative action, directing the committee to report back to the chamber within four weeks.
Under Section 58(4) of the 1999 Constitution, the President may decline assent to bills passed by the National Assembly and return them with observations for reconsideration, after which lawmakers may amend the bills or override the presidential veto in accordance with constitutional provisions.
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